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<br />SUPPLEMENTARY CONDITIONS TO SUBCONTRACT <br /> <br />ARTICLE 1 - SERVICES PROVIDED BY CONTRACTOR <br />1.1 The Contractor shall cooperate with the Subcontractor in scheduling and performing the Contractor's Work to avoid conflicts or interference <br />in the Subcontractor's Work. As soon as practicable after execution of this Agreement, the Contractor shall provide the Subcontractor <br />copies of the construction schedule and schedule of submittals to enable the Subcontractor to plan and perform the Subcontractor's Work <br />properly. <br />ARTICLE 2 - CONTRACTOR'S REMEDIES <br />2.1 If the Subcontractor defaults or neglects to carry out the Work in accordance with this Agreement and/or falls behind in scheduled work <br />more than three (3) working days, due to the lack of performance on the part of the Subcontractor, Ranon & Jimenez may, upon twenty- <br />four (24) hour written notice, supplement the subcontractor's labor, supervision, materials and equipment to reinstate the scheduled work. <br />All costs associated with all supplemental labor, supervision, materials and equipment by Ranon & Jimenez shall be deducted from the <br />Subcontractor's contract. <br />ARTICLE 3 - SUBCONTRACTOR <br />3.1 The Subcontractor shall review all of the Construction Documents(Drawings and Specifications) for any additional requirements, in order <br />to provide a complete scope of work. <br />3.2 The Subcontractor shall cooperate with the Contractor in scheduling and performing the Subcontractor's Work to avoid conflict, delay in <br />or interference with the Work of the Contractor, other subcontractors or Owner's own forces. <br />3.3 The Subcontractor shall promptly submit Shop Drawings, Product Data, Samples and similar submittals required by the Subcontract <br />Documents with reasonable promptness and in such sequence as to cause no delay in the Work. <br />3.4 The Subcontractor shall give notices and comply with laws, ordinances, rules, regulations and orders of publiC authorities bearing on <br />performance of the Work of this Subcontract. The Subcontractor shall secure and pay for permits and govemmental fees, licenses and <br />inspections necessary for proper execution and completion of the Subcontractor's Work, the furnishing of which is required of the <br />Contractor by the Prime Contract. <br />3.5 The Subcontractor shall comply with Federal, state and local tax laws, social security acts, unemployment compensation acts and worker's <br />or workmen's compensation acts insofar as applicable to the performance of this Subcontract. <br />3.6 In the performance ofthis work scope, the Subcontractor shall protect all pre-existing, adjacent conditions from damage. Upon completion <br />of this work scope, the Subcontractor shall protect the new work from damage. Replace all materials damaged as a result of the <br />performance of this work scope. <br />ARTICLE 4 - SAFETY PRECAUTIONS & PROCEDURES <br />4.1 The Subcontractor shall take reasonable safety precautions with respect to performance of this Subcontract, shall comply with safety <br />measures initiated by the Contractor and with applicable laws, ordinances, rules, regulations and orders of public authorities for the safety <br />of persons or property. <br />4.2 The Subcontractor shall furnish Material Safety Data Sheets on all products containing hazardous materials at least seven (7) calendar <br />days before introducing these products to the job site. <br />4.3 The Subcontractor shall comply with all OSHA safety requirements. <br />4.4 The Subcontractor shall provide hoisting and marshaling of materials and equipment within this scope of work. Remove and replace any <br />safety rails and/or barricades, as necessary, during the work process or during deliveries of materials and/or equipment. <br />ARTICLE 5 - CHANGES IN THE WORK <br />5.1 The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies <br />of a c1aim- for adjustment to the Subcontract Sum and Subcontract Time for such revised Work consistent with the attached (if <br />any)procedure. <br />ARTICLE 6 -INDEMNIFICATION <br />6.1 For the specific consideration of Ten Dollars ($10.00) and to the fullest extent permitted by law, the Subcontractor agrees to indemnity and <br />hold harmless the Contractor, the Owner, the ArchitecUEngineer and all of their agents and employees from and against all claims, <br />damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance, or failure in <br />performance, ofthe Subcontractor's Work under this Subcontract, provided that any such claim, damage, loss or expense (1) is attributable <br />to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss <br />of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Subcontractor or anyone directly <br />or indirectly employed by him or anyone for whose acts he may by liable regardless of whether it is caused in part by a party indemnified <br />hereunder. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which <br />would otherwise exist as to any party or person described in the Paragraph 2. <br />6.2 In any and all claims against the Contractor or any of his agents or employees, by the Subcontractor, any employee-of the Subcontractor, <br />anyone directly or indirectly employed by him or anyone for whose acts he may be liable, the indemnification obligation under this <br />Paragraph 2 shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or <br />for the Subcontractor under Workers' Compensation acts, disability benefit acts or other employee benefit acts. <br />6.3 The obligations of the Subcontractor under this Paragraph 2 shall not extend to the liability of the ArchitecUEngineer, his agents or <br />employees, arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or <br />specifications, or (b) the giving of or failure to give directions or instructions by the ArchitecUEngineer, his agent or employees, providing <br />such giving or failure to give is the primary cause of the injury or damage. <br />ARTICLE 7 - INSURANCE AND BONDS <br />7.1 Prior to starting Work the Subcontractor shall procure and maintain in force, Workers' Compensation Insurance, Comprehensive <br />Commercial General Liability Insurance and Automobile Liability Insurance. Proof of such insurance must be provided prior to the <br />commencement of any work. Any tier of subcontractor you intend to bring on the job must also provide proof of insurance. <br />7.2 The Contractor and Subcontractor waive all rights against each other and against the Owner, The ArchitecUEngineer, separate contractors, <br />and all other subcontractors for damages caused by fire or other perils to the extent covered by Builder's Risk, Installation Floater or any <br />other property insurance, except such rights as they may have to the proceeds of such insurance. <br />ARTICLE 8 - ARBITRATION <br />8.1 Any controversy or claim between the Contractor and the Subcontractor arising out of or related to this Subcontract, or the breach thereof, <br />shall be settled by arbitration. <br />ARTICLE 9 - PAYMENT PROCEDURES <br />9.1 The period covering each application for payment shall be one calendar month ending on the date(s) scheduled by the Owner. <br />9.2 Applications for payment must be submitted on AlA documents G702 and G703, or similar documents pre-approved by Ration and <br />Jimenez, Inc. <br />9.3 Final payment will not be made until any and all warranties and/or guarantees, as-built drawings, operations & maintenance manuals, <br />etc.(as required by the Contract Documents) and Final Waivers of Lien have been submitted. <br />ARTICLE 10 - CLEANING UP <br />10.1 On a daily basis, provide cteanup of work areas and place waste materials, rubbish, and debris(generated by operations performed under <br />this Subcontract) outside of building in trash containers provided by Ranon & Jimenez, Inc.. Separate materials designated for recycling <br />and place into appropriate recycling containers. . <br />10.2 In the event a Subcontractor fails to provide adequate clean-up within 24 hours of written, faxed or e-mail notification by Ranon & Jimenez, <br />Inc. clean-up will be done by Ranon & Jimenez. In the event a Subcontractor fails to respond immediately to a hazardous or unsafe <br />condition, Ranon & Jimenez, Inc. will act accordingly to remedy the condition, without a notification period. 'In both cases, the subsequent <br />costs will be borne by the subcontractor. <br />